392 Results
2025.02.14 OSC Re Contempt 129
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.02.14
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.02.14
Excerpt: ...cember 2012. In January of 2021, Austin and Joseph filed a complaint against Burke for partition of real property and accounting. In or about 2023, the Probate Court granted Burke's Petition for Subsequent Administration on the grounds that Burke had discovered that Steven may have improperly kept property out of the Estate. Specifically, the probate matter was reopened to determine if two vehicles, a 1969 Ford Mustang (“1969 Mustang”) and a ...
2025.02.14 Motion for Prejudgment Possession of Property 680
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.02.14
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.02.14
Excerpt: ...owers on the Property with n ew structures and conductor wires within two existing PG&E easements on the Property from 1907 and 1910 (Easement 1 and Easement 2, respectively), that require updating and replacement.” (Complaint ¶ 6.) PG&E now moves for an order for prejudgment possession of certain real property interests that are contained within the Property. Defendant Tan Property Investments, LLC (“Tan”) opposes the motion. I. Evidentia...
2025.02.14 Motion for Partition 781
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.02.14
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.02.14
Excerpt: ...August 16, 2023, Defendant transferred a one -half interest in the Property to Plaintiffs, with each plaintiff receiving their interest as sole and separate property. (Complaint ¶ 7, Ex. 1.) Accordingly, Plaintiffs and Defendant each hold an undivided one -half interest in the Property. (Id. ¶ 8.) Plaintiffs allege that the value of the Property is approximately $350,000, which exceeds the encumbrance[s] on the Property after costs of sale. (Id...
2025.02.14 Motion for Entry of Judgment 485
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.02.14
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.02.14
Excerpt: ...set, the Court notes that the Motion does not comply with Local Rule 3.3.7. All matters noticed for the Law & Motion calendar shall Include the following language in the notice: 3 3 7 Tentative Rulings (Repealed Eff 7/1/06, As amended 1/1/18) All parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are available by 2:00 p.m. on the court day preceding the scheduled hearing and can be access...
2025.01.31 Motion for Judgment on the Pleadings 497
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.31
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.31
Excerpt: ... the 1991 Tryon Trus t and Mary E. Tryon (collectively, “Defendants”). I. Factual and Procedural Background The instant matter is just one of several lawsuits that have taken place between the Gun Club and Defendants. In the current case, Gun Club seeks to quiet title to real property (“Property”) located in Calaveras County. As has been hashed out in multiple rulings by this Court, on or about September 5, 1984, the Gun Club entered into...
2025.01.24 Motion for Summary Judgment 497
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.24
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.24
Excerpt: ... of the 1991 Tryon T rust and Mary E. Tryon (collectively, “Defendants”). The Court grants Defendants' Request for Judicial Notice. I. Factual Background This case involves a lengthy land dispute. The instant matter is just one of several lawsuits that have taken place between Gun Club and Defendants. In the current case, Gun Club seeks to quiet title to real property known as “Adjusted Lot 1” (“Property”) located in Calaveras County....
2025.01.10 Motion to Strike Affirmative Defenses, Deem RFAs Admitted 549
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.10
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.10
Excerpt: ...(30) days. Now before the Court is Plaintiff's Motion to 1) Strike Affirmative Defenses, 2) Deem Requests for Admissions Admitted or in the Alternative for Terminating Sanctions. As to Form Interrogatories 15.1 and 17.1, Plaintiff asserted that the responses were not code compliant because they were not full and complete and refer to other discovery provided elsewhere. The Court agreed, and in its July 22, 2024 Order stated: Defendant is ordered ...
2025.01.10 Motion to Compel Discovery 668
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.10
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.10
Excerpt: ...equirement for any f uture filings. Defendant has not filed an opposition. I. Procedural Background On September 13, 2024, Plaintiff served discovery via email upon Defendant's counsel. Responses were due on October 15, 2024. No responses were received. Plaintiff's counsel followed up on the requests on October 25, 2024 and on October 28, 2024, Defendant's counsel stated he was still working on the responses. After no responses were provided, Pla...
2025.01.10 Motion for Summary Judgment 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.10
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2025.01.10
Excerpt: ...by Defendant Yosemite Co nstruction, LLC (“Yosemite”) for $1,325,000.00. (UMF 2.) Yosemite hired Defendant to perform certain work on the Property in both 2015 and 2017, before Plaintiffs owned the Property. (UMF 5, 6.) It is undisputed that Defendant “provided services grading, movement of dirt, movement of boulders, preparation for driveway and access roads, preparation for foundation for pool and other structures.” (UMF 8.) It is also ...
2024.12.27 Motion for Transfer of Venue, Payment of Costs and Fees 133
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.27
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.27
Excerpt: ...t (“Agreement”) to p urchase an unbuilt steel building (“Product”) from Laguna Gold Mortgage, Inc. (“LGM”). Pursuant to the Agreement, Product was to be delivered by LGM to the jobsite located at 124 Pine St. in West Point, California 95255, Calaveras County (“Jobsite”). Plaintiff paid a total of $49,000 to LGM for the Product. (Complaint, Ex. A.) LGM purchased Product from Bluescope. According to Plaintiff, LGM and/or Bluescope t...
2024.12.20 Demurrer 059
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Excerpt: ...nce with contractual rel ations. I. Factual Background Defendant Lakeside Ventures, LLC (“Lakeside”) is a California Limited Liability Company and was, at all relevant times, the sole owner of Mobile Home Estate. (FAC ¶ 3.) Defendant Bonnie K. Tuckerman -Aho is the sole member of Lakeside. (Id. ¶ 16.) On June 9, 2021, Plaintiff entered into a purchase agreement with Tuckerman -Aho and Lakeside for the purchase of the Mobile Home Estate for ...
2024.12.20 Motion for Contempt 102
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Excerpt: ...Defendant in contempt. At the time Plaintiff filed the motion, Defendant had not complied with the Court order in any manner. However, Defendant now reports in its opposition that it had the trees and stumps removed on November 22, 2024. Defendant asks the Court to deny Plaintiff's request for sanctions. Pursuant to Code Civil Procedure section 1209(a)(5), contempt occurs whenever there is “disobedience of any lawful judgment, order, or process...
2024.12.20 Motion for Preliminay Injunction, OSC Re Contempt 717
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Excerpt: ...ecember 15, 2022 , Plaintiff and Defendant incorporated Arnold Realty, Inc (“Arnold Realty”) for the purpose of selling real estate in Arnold, CA. (Complaint ¶ 9.) Plaintiff and Defendant each own 50% of the available shares in Arnold Realty, with Plaintiff as the Chief Financial Officer and Secretary and Defendant the CEO. (Complaint ¶¶ 1,2.) There was no formal partnership agreement between Plaintiff and Defendant but both members had eq...
2024.12.20 Motion to Compel Arbitration 238
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Excerpt: ...ck of the requisite notice language provides a basis for the Court to deny any motion. However, in th e interests of justice and judicial economy, the Court waives the shortcoming with regard to the instant motion and provides the following substantive Ruling. I. Factual and Procedural Background Plaintiff alleges that Defendants Downey and Airola are joint employers with a unity in interest and ownership with Downey owning Airola. (Complaint ¶ ...
2024.12.20 Motion to Set Aside Default 251
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.12.20
Excerpt: ...ertence, surprise or excusable neglect.” (Code Civ. Proc., § 473(b).) The motion for discretionary relief must be filed within six months after the clerk's entry of default. Here the original motion was filed on October 17, 2024, and the amended motion on November 14, 2024. The motion is timely. On April 8, 2024, Larry Richter, President of REG, was personally served at his home in Ft. Lauderdale, Florida. (Declaration of Larry Richter (“Ric...
2024.11.22 Motion for Leave to File Cross-Complaint 928
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.22
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.22
Excerpt: ...or leave to file a cross -compl aint and for costs/sanctions against Plaintiff. As set forth below, the motion for leave is granted but the motion for costs/sanctions is denied. I. Factual and Procedural Background In or around January 2022, Aloha hired Plaintiff as a sale associate and shortly thereafter promoted Plaintiff to manager. (Complaint ¶ 12.) Barry and Chance are allegedly the co -owners or directors of Aloha. (Id. ¶ 5.) In October 2...
2024.11.22 Discovery Motions 361
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.22
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.22
Excerpt: ...Service. Before the Court are De fendants Turner and Fountain's four separate motions to compel discovery which ask the Court to: 1) deem admitted the truth of facts in the Request for Admissions (“RFA”), 2) compel answers to Requests for Production of Documents (“RPDs”), 3) compel responses to form interrogatories (“Form Interrogatories”) and) compel responses to special interrogatories (“Special Interrogatories”) (collectively �...
2024.11.08 Motion to Tax Costs 309
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.08
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.08
Excerpt: ... which provided that Pla intiff's counsel Plaintiff would prepare a formal settlement agreement (“Agreement”) and could “file memorandum of costs and fees by 3:00 p.m. on 10/1/24.” Defendant could file a statutorily -compliant motion to tax. Plaintiff drafted the Agreement which Defendant's counsel refused to have Defendant sign, stating that the Court had previously stated no formal order was required. (Epstein Decl. ¶ 11, Ex. D.) This ...
2024.11.08 Motion to Set Aside Default and Quash Service of Process 133
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.08
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.08
Excerpt: ...Agreement”) to purchase an unbuilt steel building (“Product”) from Laguna Gold Mortgage, Inc. (“LGM”) for $49,000.00. Pursuant to the Agreement, the Product was to be delivered by LGM to a jobsite located at 124 Pine St. in West Point, California 95255 (“Jobsite”) on approximately November 30, 2021.. LGM purchased the Product from Bluescope. According to Plaintiff, LGM and/or Bluescope hired defendant Feijo Trucking to transport Pro...
2024.11.01 Motion to Strike 282
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.01
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.01
Excerpt: ... in Calaveras County (“Freeman Property”). Defendant is the owner of real property located at 13000 Sheep Ranch Road in Calaveras County (“Smith Property”). The Freeman Property is situated adjacent to and northeasterly of the Smith Property. Sheep Ranch Road is a public road. Ingress and egress to both the Freeman Property and the Smith Property is by way of a private road (“Road”) that intersects Sheep Ranch Road. (Complaint ¶ 9.) ...
2024.11.01 Discovery Motions 361
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.01
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.11.01
Excerpt: ...Service. Before the Court are De fendants Turner and Fountain's four separate motions to compel discovery which ask the Court to: 1) deem admitted the truth of facts in the Request for Admissions (“RFA”), 2) compel answers to Requests for Production of Documents (“RPDs”), 3) compel responses to form interrogatories (“Form Interrogatories”) and) compel responses to special interrogatories (“Special Interrogatories”) (collectively �...
2024.10.25 Motion for Leave to File Second Amended Complaint 841
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.10.25
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.10.25
Excerpt: ...that catastrophic fire loss occurred (“fire loss incident”) at the Property when a maid from Defendant Vacasa LLC (“Vacasa”) used a combustible oven cleaning fluid (“cleaning fluid”) in the broiler space of the cooking range (“range”). According to Plaintiffs, the cleaning fluid flowed into the vent holes in the bottom panel of the range and when the maid turned the oven on, the vapors from the cleaning fluid ignited a fire that s...
2024.10.25 Demurrer, Motion to Strike 449
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.10.25
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.10.25
Excerpt: ...n to strike is grant ed in part and denied in part. I. FACTS AND PROCEDURAL HISTORY In February of 2021, Plaintiffs were looking to purchase a new home using McCormick as their real estate agent. McCormick became aware of a property for sale at 974 Laurel Lane, Murphys, California (“Property”). Because of pandemic restrictions, McCormick video walked Plaintiffs through the subject property informed Plaintiffs that the Property was so well mai...
2024.10.04 Motion for Attorney Fees 332
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.10.04
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.10.04
Excerpt: ...ranted Defendant's special mo tion to strike. Now before the Court is Defendant's motion for attorney's fees and costs. I. Background Plaintiff is a member of the Board of Directors of the Calaveras County Resource Conservation District (“Calaveras RCD”). He was appointed to the seven -member board in January 2022 by the County Board of Supervisors. Defendant is a publishing company that operates a locally owned newspaper called the Calaveras...
2024.09.20 Motion for Judgment on the Pleadings 230
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.09.20
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.09.20
Excerpt: ...rd A motion for judgm ent on the pleadings may be made upon the grounds that the complaint states facts sufficient to constitute a cause of causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc. § 438( c )(1 )(A).) The court must accept as true the factual allegations of the complaint and must give them a liberal interpretation. (Gerawan Farming, Inc., v. L...